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SAUL v. SAINT ANDREW'S STEAM FISHING COMPANY, LTD. (THE "ST. CHAD")

[1965] 2 Lloyd's Rep 1

Master and servant-Unnecessary risk-Injury to spare hand on trawler struck by heavy sea-Liability of employers. Practice-Assessors' advice.

GREATER LONDON COUNCIL1 v. TILBURY CONTRACTING AND DREDGING COMPANY, LTD. (THE "STEWART CLAN")

[1965] 2 Lloyd's Rep 10

Negligence-Moorings of dredger-Fouling of vessel's propeller-Liability of dredger owners-Whether vessel negligently navigated.

JOLLIFFE v. TOWNSEND BROS. FERRIES, LTD.

[1965] 2 Lloyd's Rep 19

Master and servant-Means of access-Obvious danger-Injury to shipowners' employee when gangway fell while he was descending it-Liability of shipowners- Contributory negligence.

GADD v. PORT OF LONDON AUTHORITY AND BRITISH RAILWAYS BOARD

[1965] 2 Lloyd's Rep 24

Negligence-Unnecessary risk-Bad stowage- Injury to goods porter unloading barrels from barge-Liability of port authority (responsible for loading barge) and/or employers.

LUSHER v. SCHEEPVAART EN STEENKOLEN MAATSCHAPPIJ N.V.

[1965] 2 Lloyd's Rep 30

Occupiers' Liability Act, 1957-Duty of care -Hatch boards stacked unstably-Injury to hatchwayman when stack collapsed- Whether stack obstructed passageway- Liability of shipowners-Alleged contributory negligence.

ALBACORA S.R.L. v. WESTCOTT & LAURENCE LINE, LTD.

[1965] 2 Lloyd's Rep 37

Carriage by sea-". . . properly and carefully . . . carry"-Inherent vice-Latent defect in cargo-Negligence-Onus of proof- Inevitable damage to cargo of fish by "reddening"-Liability of shipowners- Carriage of Goods by Sea Act, 1924, Schedule, Art. III, r. 2, Art. IV, r. 2 (m), (p)-Damages-Proof of damage.

MORRIS v. C. W. MARTIN & SONS, LTD.

[1965] 2 Lloyd's Rep 63

Bailment-Conversion by servant of sub-bailee for reward-Whether servant acting within scope of employment-Whether exceptions clause in conditions of contract between bailee for reward and sub-bailee for reward exempted sub-bailee from liability to bailor. Master and servant-Liability of master for theft by servant-Whether servant acting within scope of his employment. Contract-Conditions of contract-Effect of terms of contract between bailee and sub-bailee on sub-bailee's liability to owner. Conversion-Liability of sub-bailee for reward for acts of dishonest servant-Whether servant acting within scope of his employment.

COMPANIA NAVIERA TERMAR S.A. v. TRADAX EXPORT S.A.

[1965] 2 Lloyd's Rep 79

Charter-party-Demurrage-"Time used in shifting from . . . anchorage to . . . berth in Hull not to count as laytime"-Whether delay (due to insufficiency of depth of water) for charterers' or shipowners' account-Baltimore Berth Grain Charter Party.

THE "B.P. DISTRIBUTOR"

[1965] 2 Lloyd's Rep 86

Salvage-Towage services to vessel unable to manoeuvre in river owing to damaged rudder. Costs-Taxation-Costs of two Counsel not allowed.

BISSETT v. L. & G. FIRE APPLIANCE COMPANY, LTD.; FOAMITE, LTD.; SHELL-MEX AND B.P., LTD.

[1965] 2 Lloyd's Rep 93

Negligence-Safe plant and appliances- Defective fire extinguisher-Injury to ship's boatswain-Liability of overhaulers of extinguisher; manufacturers; shipowners.

STAFFORD v. ANTWERP STEAMSHIP COMPANY, LTD.

[1965] 2 Lloyd's Rep 104

Master and servant-System of working- Safety net-Injury to stevedore when he fell through open hatch-Liability of employers-Contributory negligence.

MANNIX, LTD. v. N. M. PATERSON & SONS, LTD.

[1965] 2 Lloyd's Rep 108

Carriage by sea-Bad stowage-Loss of deck cargo (mechanical shovel) in bad weather -Whether stowage by shippers relieved shipowners from liability.

HAMMOND v. HALL & HAM RIVER, LTD.

[1965] 2 Lloyd's Rep 115

Road Traffic Act, 1960-"C" carriers' licence -". . . carriage of goods for hire or reward . . ."-Carriers paid to remove goods which became property of carriers -Whether carriage exempted under Sect. 164 (5) (a).

BIDDLE v. JOHNSTON

[1965] 2 Lloyd's Rep 121

Road Traffic Act, 1960-Third-party risks insurance-Certificate covering company "and/or Associated Companies"- Whether user of company's vehicle by employee of separate company covered- Whether separate company was an associated company-Effect of receivership -Whether certificate of insurance constituted the contract of insurance.

THE "TALAMBA" AND THE "TROLL"

[1965] 2 Lloyd's Rep 128

Admiralty practice-Payments into Court in satisfaction of salvage claims by several tugs in same ownership-Whether sums should be apportioned between tugs, as units, or between owners, masters and crews, as claimants-R.S.C., Order 22, r. 1 (4), (5).

NAVARRO v. LARRINAGA STEAMSHIP COMPANY, LTD. (THE "NICETO DE LARRINAGA")

[1965] 2 Lloyd's Rep 134

Limitation of action-Death of seaman in collision-Claim by administratrix against vessel on which loss of life occurred- Whether two-year period of limitation applicable-Maritime Conventions Act, 1911, Sect. 8.

THE "SLIEVE MORE"

[1965] 2 Lloyd's Rep 138

Collision - Narrow channel - Overtaking - Duties of overtaking and overtaken vessels -Whether duty on overtaking vessel to signal.

THE "ARDEA"

[1965] 2 Lloyd's Rep 143

Collision-Anchored vessels-Use of engines.

BANCA POPOLARE DI NOVARA v. JOHN LIVANOS & SONS, LTD.

[1965] 2 Lloyd's Rep 149

Bills of Exchange Act, 1882-Indorsement- Acceptance - Negotiation in fraud - Whether promise by drawee to pay with money from another's account a valid acceptance-Whether bills negotiated in such circumstances as amounted to fraud -Sects. 17 (2) (b), 29 (2) (b).

AGRICULTORES FEDERADOS ARGENTINOS SOCIEDAD COOPERATIVA LIMITADA v. AMPRO S.A. COMMERCIALE, INDUSTRIELLE ET FINANCIERE

[1965] 2 Lloyd's Rep 157

Sale of goods (f.o.b.)-Nomination of substitute vessel-Whether sellers entitled to cancel contract before expiry of shipment period -London Corn Trade Association Contract Form No. 64.

ESMAIL (TRADING AS H. M. H. ESMAIL & SONS) v. J. ROSENTHAL & SONS, LTD.

[1965] 2 Lloyd's Rep 171

Sale of goods (c.i.f.)-Description-Rejection -Goods shipped, in one vessel, under two sets of documents each covering half total quantity-Whether buyers entitled to reject goods under one set of documents yet accept goods under other set- Meaning of "shipment"-Whether contract severable-Sale of Goods Act, 1893, Sect. 11 (1) (c).

THE "FAIRPORT"

[1965] 2 Lloyd's Rep 183

Admiralty practice-Action "in rem"-Claims by master and crew for wages, and by statutory social service corporation and trade union for unpaid contributions- Jurisdiction of Court-Administration of Justice Act, 1956, Sect. 1 (1).

THE "STANDARD AUSTRIA S.H. 1964"

[1965] 2 Lloyd's Rep 189

Administration of Justice Act, 1956- Jurisdiction of Admiralty Court "in rem" over aircraft-Sect. 1 (1).

THE "JARLINN"

[1965] 2 Lloyd's Rep 191

UNITED DOMINIONS TRUST, LTD. v. KIRKWOOD

[1965] 2 Lloyd's Rep 195

Money-lenders Act, 1900-"Bonƒ fide carrying on the business of banking"-Stocking finance-Whether company making loans was acting as banker or money-lender- Sect. 6.

GOVERNMENT OF CEYLON v. CHANDRIS

[1965] 2 Lloyd's Rep 204

Charter-party-Damage to cargo-Short delivery -Onus of proof. Arbitration-Awards in form of special case- Practice where umpire did not state alternative awards to cover all possible combinations of answers to questions for decision of Court.

BURNETT v. WESTMINSTER BANK, LTD.

[1965] 2 Lloyd's Rep 218

Banking-Cheques-Restriction by bank on use of cheques-Whether binding on customer-Liability of bank for debiting customer's account at A branch although he had altered cheque to apply to his account at B branch.

-Banker/customer relationship- Alteration of terms by bank-Whether binding on customer.

WADE v. REGENT STEVEDORING COMPANY, LTD.

[1965] 2 Lloyd's Rep 227

Negligence-Duty of care-Injury to boilermaker when he tripped over cargo net on quay-Liability of stevedores.

GARNAC GRAIN COMPANY, INC. v. H. M. F. FAURE & FAIRCLOUGH, LTD., AND BUNGE CORPORATION

[1965] 2 Lloyd's Rep 229

Sale of goods-Agency-Whether purchasers acting as agents of undisclosed principals -Fraudulent misrepresentation by alleged undisclosed principals-Whether contract enforceable by purchasers. Contract-Circle contract-Fraudulent misrepresentation -Enforceability of contract. Damages-Assessment-Date.

"THE SKYLARK"

[1965] 2 Lloyd's Rep 250

Admiralty practice-Import duty-Arrest of vessel temporarily in U.K.-Intervention by H.M. Customs and Excise seeking payment of duty or postponement of sale- Temporary Importation (Private Vehicles, Vessels and Aircraft) Regulations, 1961.

THE "MIRAFLORES" AND THE "ABADESA"

[1965] 2 Lloyd's Rep 254

Negligent navigation-Grounding in narrow channel while avoiding vessels in collision and burning oil on water-Liability of colliding vessels-Contributory negligence -Maritime Conventions Act, 1911, Sect. 1. Collision-Narrow channel-Duty to hold back -Starboard-side rule-Look-out-Tardy avoiding action-"Unable to manoeuvre" signal-Duty to take exceptional precautions in exceptional conditions-Rules for Navigation in Netherlands Inland Waters, Arts. 41 (2), 42 (1).

SAVAGE v. T. WALLIS, LTD.; SAVAGE v. SAME

[1965] 2 Lloyd's Rep 272

Damages-Assessment-Personal injuries sustained by stevedores: (1) hip and head injuries; (2) back injury-Whether epileptiform attacks and mental deterioration resulting from head injury.

KING v. MERCANTILE LIGHTERAGE COMPANY, LTD.

[1965] 2 Lloyd's Rep 281

Master and servant-System of working- Adequate equipment-Injury to lighterman -Whether inadequate ropes supplied- Liability of employers.

PRACTICE DIRECTION

[1965] 2 Lloyd's Rep 286

Adjournment from Chancery Master to Judge -Procedure-Order 55, r. 15.

THE QUEEN v. NATIONAL DOCK LABOUR BOARD. EX PARTE NATIONAL AMALGAMATED STEVEDORES & DOCKERS AND OTHERS

[1965] 2 Lloyd's Rep 287

Dock Labour Board-Appointment of representatives to local dock labour board by National Dock Labour Board-Whether National Dock Labour Board obliged to appoint at least one nominee of body representative of dock workers-Dock Workers (Regulation of Employment) (Amendment) Order, 1961, Second Schedule. Clause 5.

THE QUEEN v. REGISTRAR OF THE COURT OF PASSAGE OF THE CITY OF LIVERPOOL. EX PARTE WALTER BRAUND, LTD.

[1965] 2 Lloyd's Rep 297

Liverpool Corporation Act, 1921-Court of Passage-Jurisdiction-Discretion of High Court to order removal of action- Sects. 249, 256.

ASHLEY v. J. MARR & SON, LTD. (THE "FARNELLA")

[1965] 2 Lloyd's Rep 299

Master and servant-Unnecessary risk-Seaman injured by heavy sea during shooting of trawl-Whether skipper negligent in fishing in weather conditions prevailing- Liability of trawler owners.

RICHARDS v. BROOKS WHARF & BULL WHARF, LTD., AND WRIGHTSON & SON, LTD.

[1965] 2 Lloyd's Rep 304

Master and servant - Fellow-employees - Obvious danger-Overstowed cargo in barge-Injury to dock worker-Alleged duty on fellow-employees to warn him of danger-Liability of employers. Occupiers' Liability Act, 1957-Risk ordinarily incident to calling-Overstowed cargo in barge-Injury to dock worker-Alleged duty on barge-owners' servant to warn dock worker of danger-Sect. 2 (3) (b).

SOCIETE CO-OPERATIVE SIDMETAL v. TITAN INTERNATIONAL, LTD.

[1965] 2 Lloyd's Rep 313

Foreign Judgments (Reciprocal Enforcement) Act, 1933-Jurisdiction of foreign Court -Application to set aside registration of foreign judgment in action "in personam" -Whether foreign Court to be deemed to have had jurisdiction within Sect. 4 (2).

COMMISSIONERS OF CUSTOMS AND EXCISE v. BRISTOL STEAM NAVIGATION COMPANY, LTD.

[1965] 2 Lloyd's Rep 325

Customs and Excise Act, 1952-Smuggling- Fining of carrying ship-Proceedings for imposition of larger fine than Commissioners were empowered to impose-Sects. 279, 290.

BERWICK v. CUNARD STEAM-SHIP COMPANY, LTD.

[1965] 2 Lloyd's Rep 331

Master and servant-Unnecessary risk-Lack of supervision or instruction-Injury to ship's engineer while clearing blockage in blow-down pipe-Liability of shipowners- Alleged contributory negligence.

CATTON v. BRITISH INDIA STEAM NAVIGATION COMPANY, LTD.

[1965] 2 Lloyd's Rep 344

Negligence-Safe premises-Foreseeable risk- Injury to stevedore when dunnage was dislodged by case of cargo-Liability of shipowners-Alleged contributory negligence.

STANSFIELD v. ST. ANDREW'S STEAM FISHING COMPANY, LTD. (THE "ST. CHAD" (No. 2))

[1965] 2 Lloyd's Rep 347

Damages - Assessment - Personal injuries.

THE "SULLIVAR"

[1965] 2 Lloyd's Rep 350

Admiralty practice-Writ "in rem"-Manner of service-R.S.C., Order 2, r. 1 (1); Order 75, r. 11 (1) (a). -Appraisement and sale - Order for repair of ship prior to sale at expense of first mortgagees (caveators).

A/S DET DANSK-FRANSKE DAMPSKIBSSELSKAB v. COMPAGNIE FINANCIERE D'INVESTISSEMENTS TRANSATLANTIQUES S.A. (COMPAFINA) (THE "HIMMERLAND")

[1965] 2 Lloyd's Rep 353

Arbitration - Centrocon arbitration clause - Whether proceedings barred by clause although cause of action uncertain until after expiration of three-months period. -Limitation of arbitration - Effect of Centrocon arbitration clause. -Extension of time - Delay after other party had refused to allow extension of time - Whether any undue hardship - Arbitration Act, 1950, Sect. 27.

SAMUEL MONTAGU & CO., LTD. v. SWISS AIR TRANSPORT COMPANY, LTD.

[1965] 2 Lloyd's Rep 363

Carriage by air - Air consignment note - "Carriage . . . is subject to [Warsaw Convention] unless such carriage is not 'international carriage' as defined by the Convention" - Whether that condition complied with Art. 8 (q) and carrier entitled to limit liability for loss of bullion - Carriage by Air Act, 1932, First Schedule, Art. 8 (q) - Desirability of uniformity between U.S. law and English law.

ATTORNEY-GENERAL v. BOROUGH OF READING

[1965] 2 Lloyd's Rep 374

Injunction - Interlocutory relief - Obstruction of navigation - Headroom under bridge reduced by supporting structure - Replacement by new bridge involving some obstruction - Whether interlocutory injunction should be granted.

HASSAN v. TRADER NAVIGATION COMPANY, LTD.

[1965] 2 Lloyd's Rep 378

Seaman - Discharge out of U.K. without sanction of proper authority - Liability of shipowner for wages after alleged discharge - M.S.A., 1906, Sects. 30, 49.

BEATTIE v. NEW ZEALAND SHIPPING COMPANY, LTD.

[1965] 2 Lloyd's Rep 382

Negligence - Means of access - Ship's accommodation ladder - Workman's fall when ladder jerked - Whether ladder difficult to mount and insecure - Shipbuilding and Ship-repairing Regulations, 1960, Regulation 9 (1).

PRACTICE NOTE

[1965] 2 Lloyd's Rep 388

Administration of Justice Act, 1956 - (1) Form of writ where "sister" ship is arrested - (2) Affidavit to lead warrant -Circumstances in which R.S.C., Order 75, r. 5 (8) applies.

NATIONAL BANK OF NIGERIA, LTD. v. AWOLESI

[1965] 2 Lloyd's Rep 389

Banking-Guarantee-Variation by bank in allowing principal debtor to open second account-Whether guarantee thereby discharged.

BERRY v. W. H. & J. ROGERS (AVIATION), LTD.

[1965] 2 Lloyd's Rep 393

Sale of goods-Warranty-Misstatements as to aircraft-Whether amounting to breach of warranty. -Money paid under mistake of fact -Whether more than reasonable price paid for aircraft propeller.

DIXON KERLY, LTD. v. ROBINSON

[1965] 2 Lloyd's Rep 404

Sale of ship-Breach-New building-Alleged non-compliance by sellers (builders) with contract terms and specification-Liability of buyer for purchase price.

WELLER & CO., AND WHITEHEAD, WHITEHEAD, HEWETT & LEE v. FOOT AND MOUTH DISEASE RESEARCH INSTITUTE

[1965] 2 Lloyd's Rep 414

Negligence-Duty of care-Whether extending to persons likely to suffer foreseeable indirect or economic loss-Essentiality of risk of direct injury to person or property -Liability of research institute for escape of dangerous thing. Strict liability-Rule of "Rylands v. Fletcher" -Restriction to proximate and direct consequences of wrongful acts-Liability of research institute for escape of dangerous thing.

EAST HAM BOROUGH COUNCIL v. BERNARD SUNLEY & SONS, LTD.

[1965] 2 Lloyd's Rep 425

R.I.B.A. Contract Form No. 8-Final certificate of architect-Whether conclusive evidence in arbitration-Meaning of "a reasonable examination"-Measure of damages.

ALEXANDRIA COTTON & TRADING COMPANY (SUDAN), LTD. v. COTTON COMPANY OF ETHIOPIA, LTD.

[1965] 2 Lloyd's Rep 447

Practice-Securing of money payable by award pending determination of application to remit or set aside award-Arbitration Act, 1950, Sect 23 (3).

GENYS v. MATTHEWS AND THOMPSON

[1965] 2 Lloyd's Rep 449

Contract-Ticket conditions-Exemption clause in free travel pass-Whether servant of carrier entitled to benefit of conditions. Licence-Exemption clause-Whether affording protection to third party.

SOCIETE MARITIME CALEDONIENNE v. THE "CYTHERA" AND HER CARGO (THE "CYTHERA")

[1965] 2 Lloyd's Rep 454

Salvage-Recovery of stolen vessel at sea- Whether salvor under legal obligation to apprehend criminals-Whether salvor entitled to award. -Negligence of salvor-Onus of proof. -Piracy-Meaning of "piracy". -Danger to salved vessel-No physical danger to salved vessel until collision with salvor's vessel-Meaning of "danger"- Whether vessel "in danger" if owner deprived from possession by pirates. -Passive assistance by salvor-Whether contributing to salvage.

IN RE INDEPENDENT TOWING COMPANY, INC. (THE "ITCO III")

[1965] 2 Lloyd's Rep 469

United States-Limitation of liability and direct action statute proceedings-Compatability -Whether insurers entitled to benefits of shipowners' limitation of liability.

PRACTICE DIRECTION

[1965] 2 Lloyd's Rep 478

Short Causes.

THE "ALLETTA" AND THE "ENGLAND"; THE "ALLETTA"

[1965] 2 Lloyd's Rep 479

Collision-River-Vessel crossing river-Duty to hold back-Signals-Duty to take drastic action to avoid collision-Port of London River By-laws, 1938 and 1958, By-laws 26, 35, 42, 45. -Local by-laws-Duty to have person on board with knowledge of river and by-laws. Pilotage - Compulsory pilotage - Part IX, By-laws 1 and 2 of Trinity House London District General By-laws - Meaning of "passenger" - Whether master's wife and baby were "passengers" necessitating use of pilot-Meaning of "mooring" - Whether vessel was "changing from one mooring to another", or commencing her outward voyage. Collision - Inevitable accident - Whether second collision was a foreseeable consequence of first collision-Liability of vessels involved in first collision.

OLEIFICIO ZUCCHI S.P.A. v. NORTHERN SALES, LTD.

[1965] 2 Lloyd's Rep 496

Sale of goods (c.i.f.) - Quality - Sellers "Unwilling guarantee FFA [of rapeseed screenings] however recent tests show below three per cent." - Whether amounting to warranty - Whether ambiguous - I.O.S.A. Contract Form No. 65. -Sea-water damage to goods in transit -Liability of sellers. Arbitration - Award - Inconsistencies - Errors of fact - Perverse findings - Whether grounds for setting aside award.

LUIGI SERRA, INC.1 AND ANSALDO S.P.A. v. THE "FRANCESCO C."; SOC. DI NAV. SAN FRANCESCO S.P.A.; ANGELO SCINICARIELLO1; COSTA LINE; GIACOMO COSTA FU ANDREA; UNIVERSAL TERMINAL & STEVEDORING CORPORATION; HOLLERAN1; AND FRANK J. HOLLERAN, INC. (THE "FRANCESCO C.")

[1965] 2 Lloyd's Rep 527

Carriage of goods by sea - Damage to cased cargo during voyage on time-chartered vessel - Negligence of stevedores and carpenters - Liability of shipowners; time-charterers; stevedores; and carpenters -U.S. Carriage of Goods by Sea Act, 1936.

BOND v. CANADIAN PACIFIC STEAMSHIPS, LTD.

[1965] 2 Lloyd's Rep 533

Master and servant-System of working -Lack of supervision-Fellow-employee- Inexperienced seaman's hand trapped between davit and block on ship's lifeboat -Liability of shipowners-Contributory negligence.

THE "CONSTELLATION"; THE "REGENCY"; THE "SURVEYOR"; THE "ERROL"; THE "DIDEKI"; THE "PROBE"; THE "CHARGER"; AND THE "VIGIA"

[1965] 2 Lloyd's Rep 538

Companies Act, 1948-Arrest of vessels by Admiralty Court after commencement of winding up of shipowners-Power of Companies Court to allow plaintiffs to proceed "in rem"-Validity of orders by Court for appraisement and sale "pendente lite"-Sects. 228 (1), 231.

GESELLSCHAFT BURGERLICHEN RECHTS AND OTHERS v. STOCKHOLMS REDERIAKTIEBOLAG SVEA (THE "BRABANT")

[1965] 2 Lloyd's Rep 546

Charter-party-Exemption clause-Effect of special typed clause: "decks and holds . . . to be properly cleaned at Owners' risk"-Liability of charterers to indemnify shipowners against shipowners' liability under bills of lading to owners of cargo damaged by coke dust-Meaning of "at Owners' risk"-Personal obligations of shipowners. -Damage to cargo-Liability of charterers to indemnify shipowners against shipowners' liability to owners of cargo.

BRITISH AIR TRANSPORT v. JONES

[1965] 2 Lloyd's Rep 556

Aerodrome-Landing charges-Meaning of "landing".

J. KAUFMAN, LTD. v. CUNARD STEAM-SHIP COMPANY, LTD.

[1965] 2 Lloyd's Rep 564

Carriage by sea-Damage to cargo-Cargo delivered wet damaged-Clean bills of lading-Onus of proving cause of damage -Liability of shipowner. Damages-"Quantum" of damage-Proof of loss not sufficient for special damages but justifying general damages.

Lloyd's Law Reports